Need Help from Proffesionals or experienced friends :(

[qaiser]

hello
i m a pakistani National, and i was in a relationship (unmarried) with british citizin, she got pregnant during our relationship, bt before we get marry we had argument on silly thng, and me and my GF broke up 2 mnths before the baby birth, she is married to another man now, and on my baby birth certificate she put father name Unknown. i m sure that baby is mine 100%. the problem is that my stay in UK is due to expire and i have no other option rather then to leave for Pakistan, i really want to be there in my baby girl life. can i get a right to live and work in uk on basis of that girl. dont want her to think bad abut me when she grow up! and if there is any option plz give me a good advise wot shud i do? plz plz

[vinny]

You will probably require paternity confirmation before proceeding any further.

[qaiser]

You will probably require paternity confirmation before proceeding any further.

thanks for reply i am 100% sure that girl is mine! but wot can i do! is there any law for this that i can support that baby

[PaperPusher]

How old is the baby, and have you seen her? If so, how often do you see the baby?

[shahzad80]

.......

[John]

qaiser, you really do need to seek professional advice from a Family Law solicitor, in order, in the first instance, to force the issue of getting a paternity test.

Unless paternity is established you have no prospect of taking steps after that, such as getting access to the child.

[qaiser]

How old is the baby, and have you seen her? If so, how often do you see the baby?

oki thts a nice question? well she is born on 13th of april and my Ex GF or non of her family informed me abut the birth? i hve not seen my baby so for and i hve no clue where she is? one of her friend told me that on Birth certificate her father name is UNKNOWN! i m currently busy with my immgration status! i m tryng to get a extension to Student visa! i m tryng to get admission for MBA prgramme in Coventry University! all i m doing this just to get a legal stay in this country so in future i get to see my girl if i go for DNA test!. but i m confuse if i dont get MBA admission then i have no option to live in this country and i cant live in Pakistan thinking abut my girl i desperatly want to b here for my Girl and want to be there for her when ever she need father! any advise will help

[John]

The baby is only 11 days old. Are you sure the birth has even been registered yet? If it has, I suggest you go to the Register Office in the area of the birth and get a copy of the birth certificate.

But it might not be registered yet. The deadline for registration is 6 weeks.

[shahzad80]

..........

[qaiser]

there are lots of if and buts in this case.

Home office really doubt yours claim saying you are from an Islamic Country and as a Muslim you are prohibated from illegal relationship beyoung marriage.

Second yours student visa application would be at risk if home office come to know you have intensions to settlement in the United Kingdom.

Third if someone file a case in family courts in Pakitsan,you can be subjeect to punishment and sent to jail as in Pakitsan Islamin law illeagl gender lead to stirect punishment including henter punishment.

Fourth you are not taking active part in child upsbrining as no fault if yours own........a key reqirement in child access application.

Fifth laws on child parentilty in UK are very diffcult espicaiiy if child is to young(14 days only) and mother refused to allow this.I heard if motehr refused to give parentity test ,court have no power to force her if child is too young.(this is what I heard..true or false I dont know)

You dont know about child whereaabouts....you dont where child is?

anywhere in UK and you want to excercise contact?

This is just a claim child is yours...who knows may be she has relationship with someone other and child is his..

How about child of 14 days, A judge would issued a contact order makes no sense.To me this case is going no where except waste of time and money.

shahzad bro thnks for ur sincere advise!
well i did try my best to be there in child life but my Gf mother refused me, she dont like me cuz i m asian, she is dearly beloved. she brain washed my GF cuz of all this everythng went wrong! as i said that baby is mine so i m 99.9% sure abut this! currently i dnt knw where she is cuz she is married to another man and i dnt knw where she live! i cba to see my GF mother cuz she has restraining order against me! i m just seeking advise here! as for as Islamic law in pakistan is concern i knw that it will do me right bad there! element of comiting sin is in every human/muslim. As muslim i do regret wot i did! i might hve been forgiven by ALLAH! but i want to rectify it! and looking for sincere advise! i dnt trust any solictor cuz they are just there with rotten knife to slaughter pplz who are suffereing from immigration issues! as for as ur adivse @ student visa! currently i have £12K for my Course! so tht wont b problem! for my daughter i m ready to take any step!

[shahzad80]

........

[qaiser]

I can understand yours position.As I said I am not a professional.simply a common fellow with a limited knowledge.If you have solictor then aske all this question to him.

I am seeing a lot of difficulties in this case.

Is yours GF Asian?

She has a restrcing order against you..well one more good news from yours side.

First thing for you

1.Try to get her birth certificate
2.Know here whereabout.Length and long process mate...






well she is English< and only her mother has restriction orders! i had tooo much from her in past! she left Pork on my car windscreen one night! next day i found eggs on my car! so i got pissed off and showed off infront of her house! i had no authentic proof for that so i avoided all police case. thanks for ur opinions bro anyway! i m gng to see solicitor in few days! i m discussing here only cuz i thought sm1 will give me good advise before going ahead with it


on student visa I was not asking you have no maintenance..if yours attension is not study then home office can refuse you on deception.
I wish this never happend.

[geriatrix]

hello
i m a pakistani National, came here on Student visa 2006! got PSW in 2009! during that period i met british girl and been in relationship for 1 year. i took her to pakistan to meet my family, but after cmmng back from pakistan thngs didnt work out, and we split up, after few weeks of split we found out that she is pregnant, but it was tooo late to work out on issues, cuz another person came in and she got married with him! after that i tried my best to sort issues but tooo much trouble was caused for me! police got involved and police threatend me that if u try to contact that girl we will arrest u in harrassment case! atlast i got pissed off and in anger i told them i had enuff and not gng to struggle more for my baby!
my ex gave birth to 13th april and my stay is expired on 24th april but i applied for tier 4 visa and case is still pending. nw i m requesting my ex to let me give access but i hvnt got any answer, now i have few questions and need help from sm1 plz plz
1) i m muslim and the child is illegitimate and my family wont accept that child, but me i want to play role as father, i m dependant on my father and he is supporting me for my studies? the day he finds out this i will be on my own then. now can i move on with life and apply for stay in UK to earn for my daughter and myself?
2) in what categary i can apply for that? and if i m eligible for any categary (descrationary leave or anyother) shud i withdraw my tier 4 application? cuz i spoke to a lawyer and he said u can not switch from student category to any other asylum cases?
i m sooo confuse plz plz need sincere opinion!!!!!!!
i m waiting

[qaiser]

hello
i m a pakistani National, came here on Student visa 2006! got PSW in 2009! during that period i met british girl and been in relationship for 1 year. i took her to pakistan to meet my family, but after cmmng back from pakistan thngs didnt work out, and we split up, after few weeks of split we found out that she is pregnant, but it was tooo late to work out on issues, cuz another person came in and she got married with him! after that i tried my best to sort issues but tooo much trouble was caused for me! police got involved and police threatend me that if u try to contact that girl we will arrest u in harrassment case! atlast i got pissed off and in anger i told them i had enuff and not gng to struggle more for my baby!
my ex gave birth to 13th april and my stay is expired on 24th april but i applied for tier 4 visa and case is still pending. nw i m requesting my ex to let me give access but i hvnt got any answer, now i have few questions and need help from sm1 plz plz
1) i m muslim and the child is illegitimate and my family wont accept that child, but me i want to play role as father, i m dependant on my father and he is supporting me for my studies? the day he finds out this i will be on my own then. now can i move on with life and apply for stay in UK to earn for my daughter and myself?
2) in what categary i can apply for that? and if i m eligible for any categary (descrationary leave or anyother) shud i withdraw my tier 4 application? cuz i spoke to a lawyer and he said u can not switch from student category to any other asylum cases?
i m sooo confuse plz plz need sincere opinion!!!!!!!
i m waiting.

I spoke to lawyer and I m confuse! Pl read above circumstances and give me advise

[John]

What did the lawyer say?

[qaiser]

What did the lawyer say?

Well lawyer said to me withdraw ur tier 4 application and go for DL but now the reason I m confuse Bcz if I withdraw my application from home office I will be overstayed and I want to add one more thng here tht I m dependent on my father for education and I'd at any moment I'm future he finds out I have daughter illegitimate he might dis own me! I want o stand on my own feet and want to earn bread?

John nw u give me advise wot shud I do?

Shud I apply for DL and withdraw tier 4? Or shud I wait till I get visa and then apply for DL? Help plz

[John]

On 24th April above I said :-

The baby is only 11 days old. Are you sure the birth has even been registered yet? If it has, I suggest you go to the Register Office in the area of the birth and get a copy of the birth certificate.

Have you now done this? If so, what does the birth certificate say about the father?

Well lawyer said to me withdraw ur tier 4 application

Are you actually still studying? If yes, when does the course end?

[qaiser]

On 24th April above I said :-

The baby is only 11 days old. Are you sure the birth has even been registered yet? If it has, I suggest you go to the Register Office in the area of the birth and get a copy of the birth certificate.

Have you now done this? If so, what does the birth certificate say about the father?

Well lawyer said to me withdraw ur tier 4 application

Are you actually still studying? If yes, when does the course end?

My course starts in may 23rd and finishing November 2012, and I told my ex to put my name on my child birth certificate but they r not willing! At the moment I m gng through too much! On one side it's my child and on other studies and also my status in country! Dunno wots the best option I shud chose? Wot really scare me is the support from my family which I don't thnk so I will get!

[John]

So have you now got a copy of the birth certificate from the Register Office? If no, why not? If yes, what does the certificate say about father?

Also, have you been to see a Family Law Solicitor yet? If you are trying to base an immigration case based on your paternity, well you are not going to succeed in that are you, not until that paternity is clear.

[qaiser]

So have you now got a copy of the birth certificate from the Register Office? If no, why not? If yes, what does the certificate say about father?

Also, have you been to see a Family Law Solicitor yet? If you are trying to base an immigration case based on your paternity, well you are not going to succeed in that are you, not until that paternity is clear.

Well jhon when I ask my ex GF and her mother that I want my name on birth certificate they just say that u were not married to her so she don't want ur name on daughter birth certificate and also we hve not registered the baby birth so for :s????!

Secondly sm1 told me that my ex GF's husband spouse visa is rejected and they r trying to get him stay on that child? If it's true wot I can do?


3rdly what u suggest me to do shud I go to family court and if yes how long that will take? And u didn't answer me that can I get discretionary leave once my student visa is issued! Cuz my plan is to do part time studies and full time work to support my daughter? Thanks will be appreciated!

[ajmal]

So have you now got a copy of the birth certificate from the Register Office? If no, why not? If yes, what does the certificate say about father?

Also, have you been to see a Family Law Solicitor yet? If you are trying to base an immigration case based on your paternity, well you are not going to succeed in that are you, not until that paternity is clear.

Well jhon when I ask my ex GF and her mother that I want my name on birth certificate they just say that u were not married to her so she don't want ur name on daughter birth certificate and also we hve not registered the baby birth so for :s????!

Secondly sm1 told me that my ex GF's husband spouse visa is rejected and they r trying to get him stay on that child? If it's true wot I can do?


3rdly what u suggest me to do shud I go to family court and if yes how long that will take? And u didn't answer me that can I get discretionary leave once my student visa is issued! Cuz my plan is to do part time studies and full time work to support my daughter? Thanks will be appreciated!

First of all this is not immigration case, its family law case and your case is really weak as you have no evidences

My advice is that as your stay is under immigration control, first concentrate on your Tier 4 visa extension and once its done then try to get evidence regarding paternity and later on you can go to familly court.

[John]

what u suggest me to do shud I go to family court

That is not what I said at all. I said you need to seek legal advice from a Family Law Solicitor. Only after you get that advice will you know what is involved in proving the paternity issue, and how you would go about then getting an "Access Order" to the child.

Getting that "Access Order" will give you a better ability to get a visa. Or put it another way, even if it is proved that you are the father .... and it seems to me that you will have a battle to prove that .... that by itself is irrelevant as far as immigration is concerned. You then need to go on and get an "Access Order".

And of course a Court would not grant you an "Access Order" unless it is proved that you are the father.

[shahzad80]

what u suggest me to do shud I go to family court

That is not what I said at all. I said you need to seek legal advice from a Family Law Solicitor. Only after you get that advice will you know what is involved in proving the paternity issue, and how you would go about then getting an "Access Order" to the child.

Getting that "Access Order" will give you a better ability to get a visa. Or put it another way, even if it is proved that you are the father .... and it seems to me that you will have a battle to prove that .... that by itself is irrelevant as far as immigration is concerned. You then need to go on and get an "Access Order".

And of course a Court would not grant you an "Access Order" unless it is proved that you are the father.

Getting DNA Test for a young child is very difficult and in case if mother refuse to allow this then impossible.I heard that if mother refuse to allow DNA test,courts can not do much in this matter.

At the present situation you have a zero chance for access to child visa.

One more thing as you are on student visa,you can not switch to access to child visa as you would not be able to satisfy visa requirement that you have leave to remain as spouse.So you have to apply from oversea.

This is very difficult route in present scenario.I am afraid.

Shahzad

[John]

I heard that if mother refuse to allow DNA test,courts can not do much in this matter.

It is within the power of the Court to order a DNA test, and if the mother still refuses she would be in Contempt of Court ..... not a good idea for her. But of course she, or her lawyer, could argue in Court why that order should not be made, and it is then up to the Judge to decide.

But the OP really does need to see a Family Law Solicitor to know what he faces.

[qaiser]

So have you now got a copy of the birth certificate from the Register Office? If no, why not? If yes, what does the certificate say about father?

Also, have you been to see a Family Law Solicitor yet? If you are trying to base an immigration case based on your paternity, well you are not going to succeed in that are you, not until that paternity is clear.

Well jhon when I ask my ex GF and her mother that I want my name on birth certificate they just say that u were not married to her so she don't want ur name on daughter birth certificate and also we hve not registered the baby birth so for :s????!

Secondly sm1 told me that my ex GF's husband spouse visa is rejected and they r trying to get him stay on that child? If it's true wot I can do?


3rdly what u suggest me to do shud I go to family court and if yes how long that will take? And u didn't answer me that can I get discretionary leave once my student visa is issued! Cuz my plan is to do part time studies and full time work to support my daughter? Thanks will be appreciated!

First of all this is not immigration case, its family law case and your case is really weak as you have no evidences

My advice is that as your stay is under immigration control, first concentrate on your Tier 4 visa extension and once its done then try to get evidence regarding paternity and later on you can go to familly court.

Well jhon the rePlies from u r positive, that's wot one lawyer told me that leave tier 4 as it is and bring evidence of paternity and get urself involve in child life and make proof that u r genuine father! But wot scares me that my ex threatened me that if she dnt get money for the baby she will report me to CSA? Well I can't work while. On student visa and also I m dependent on my father at the moment? But I really want to work for my daughter and want to stand on my own feet? So u think switching into discretionary leave later!